Civil Monetary Penalty Inflation Adjustment, 13047-13049 [2020-03858]
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Federal Register / Vol. 85, No. 45 / Friday, March 6, 2020 / Rules and Regulations
framework within the Government on
how to interact and disseminate
communications with the impacted
public populations overseas. This
includes maximizing awareness of
UOCAVA eligibility, and providing
resources to the impacted public
populations. The goal of these changes
is to maximize voting assistance
effectiveness and outcomes, addressing
known concerns impacting the public,
ahead of this upcoming election cycle.
DoD believes these amendments will
facilitate the Government’s coordination
role in providing voter assistance to
absent uniformed service voters and
overseas voters. This will support the
government’s efforts to implement a
comprehensive program to cover all
Executive Branch agencies and overseas
citizens more broadly under UOCAVA.
E.O. 12866, ‘‘Regulatory Planning and
Review’’; E.O. 13563, ‘‘Improving
Regulation and Regulatory Review’’;
and E.O. 13771, ‘‘Reducing Regulation
and Controlling Regulatory Costs’’
E.O.s 12866 and 13563 direct agencies
to assess all costs and benefits of
available regulatory alternatives and, if
regulation is necessary, to select
regulatory approaches that maximize
net benefits (including potential
economic, environmental, public health
and safety effects, distribute impacts,
and equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule is not a ‘‘significant
regulatory action,’’ under Section 3(f) of
E.O. 12866 and was not reviewed by the
Office of Management and Budget. The
rule is not is not expected to be an E.O.
13771 regulatory action, because it is
not significant under E.O. 12866.
lotter on DSKBCFDHB2PROD with RULES
Congressional Review Act, 5 U.S.C.
804(2)
Under the Congressional Review Act,
a major rule may not take effect until at
least 60 days after submission to
Congress of a report regarding the rule.
A major rule is one that would have an
annual effect on the economy of $100
million or more, or have certain other
impacts. This rule is not a major rule
under the Congressional Review Act.
Sec. 202, Public Law 104–4, ‘‘Unfunded
Mandates Reform Act’’
Section 202 of the Unfunded
Mandates Reform Act of 1995 (UMRA)
(2 U.S.C. 1532) requires agencies assess
anticipated costs and benefits before
issuing any rule whose mandates
require spending in any 1 year of $100
million in 1995 dollars, updated
annually for inflation. This rule will not
VerDate Sep<11>2014
17:52 Mar 05, 2020
Jkt 250001
mandate any requirements for State,
local, or tribal governments, nor will the
rule affect private sector costs.
agreements with the Presidential
designee’’.
The addition reads as follows:
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (5 U.S.C. 601)
§ 233.6
The DoD certifies that this rule is not
subject to the Regulatory Flexibility Act
(5 U.S.C. 601) because it would not, if
promulgated, have a significant
economic impact on a substantial
number of small entities. Therefore, the
Regulatory Flexibility Act, as amended,
does not require us to prepare a
regulatory flexibility analysis.
Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
It has been determined that 32 CFR
part 233 does not impose reporting or
recordkeeping requirements under the
Paperwork Reduction Act of 1995.
Executive Order 13132, ‘‘Federalism’’
Executive Order 13132 establishes
certain requirements that an agency
must meet when it promulgates a final
rule that imposes substantial direct
requirement costs on State and local
governments, preempts State law, or
otherwise has Federalism implications.
This rule will not have a substantial
effect on State and local governments.
List of Subjects in 32 CFR Part 233
Civil rights, Elections, Voting rights.
For the reasons stated in the
preamble, the Department of Defense
amends 32 CFR part 233 as follows:
PART 233—FEDERAL VOTING
ASSISTANCE PROGRAM (FVAP)
1. The authority citation for part 233
is revised to read as follows:
■
Authority: E.O. 12642; 10 U.S.C. 1566a; 52
U.S.C. 20506; 52 U.S.C. Ch. 203.
2. Amend § 233.2 by:
a. In paragraph (b), removing the
period at the end of the first sentence
and adding ‘‘, and the United States
Maritime Administration (MARAD)
under agreement with the Department of
Transportation.’’
■ b. Adding paragraph (d).
The addition reads as follows:
■
■
§ 233.2
Applicability.
*
*
*
*
*
(d) United States Postal Service
pursuant to 52 U.S.C. 20304(b)(2) and
(4).
■ 2. Amend § 233.6 by:
■ a. Adding paragraph (b)(5).
■ b. In paragraph (c)(1), after
‘‘Department of Health and Human
Services,’’ removing ‘‘are encouraged’’
and adding in its place ’’ shall enter into
PO 00000
Frm 00063
Fmt 4700
Sfmt 4700
13047
Procedures.
*
*
*
*
*
(b) * * *
(5) Establish a DoD Component-wide
means to communicate effectively with
and expeditiously disseminate voting
information to Commanders, VAOs, and
uniformed services and overseas DoD
civilian members of the DoD
Component and their voting age
dependents. This communication effort
should be coordinated with the FVAP.
*
*
*
*
*
Dated: February 19, 2020.
Morgan E. Park,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2020–03615 Filed 3–5–20; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 269
[Docket ID: DOD–2016–OS–0045]
RIN 0790–AK88
Civil Monetary Penalty Inflation
Adjustment
Office of the Under Secretary of
Defense (Comptroller), Department of
Defense.
ACTION: Final rule.
AGENCY:
The Department of Defense is
issuing this final rule to adjust each of
its statutory civil monetary penalties
(CMP) to account for inflation. The
Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended by
the Debt Collection Improvement Act of
1996 and the Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015 (the 2015 Act), requires the
head of each agency to adjust for
inflation its CMP levels in effect as of
November 2, 2015, under a revised
methodology that was effective for 2016
and for each year thereafter.
DATES: This rule is effective March 6,
2020.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Kellie Allison, 703–614–0410.
SUPPLEMENTARY INFORMATION:
Background Information
The Federal Civil Penalties Inflation
Adjustment Act of 1990, Public Law
101–410, 104 Stat. 890 (28 U.S.C. 2461,
note), as amended by the Debt
E:\FR\FM\06MRR1.SGM
06MRR1
13048
Federal Register / Vol. 85, No. 45 / Friday, March 6, 2020 / Rules and Regulations
lotter on DSKBCFDHB2PROD with RULES
Collection Improvement Act of 1996,
Public Law 104–134, April 26, 1996,
and further amended by the Federal
Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (the 2015
Act), Public Law 114–74, November 2,
2015, required agencies to annually
adjust the level of CMPs for inflation to
improve their effectiveness and
maintain their deterrent effect. The 2015
Act required that not later than July 1,
2016, and not later than January 15 of
every year thereafter, the head of each
agency must adjust each CMP within its
jurisdiction by the inflation adjustment
described in the 2015 Act. The inflation
adjustment is determined by increasing
the maximum CMP or the range of
minimum and maximum CMPs, as
applicable, for each CMP by the cost-ofliving adjustment, rounded to the
nearest multiple of $1. The cost-ofliving adjustment is the percentage (if
any) for each CMP by which the
Consumer Price Index (CPI) for the
month of October preceding the date of
the adjustment, exceeds the CPI for the
month of October in the previous
calendar year.
The initial catch up adjustments for
inflation to the Department of Defense’s
CMPs were published as an interim
final rule in the Federal Register on
May 26, 2016 (81 FR 33389–33391) and
became effective on that date. The
interim final rule was published as a
final rule without change on September
12, 2016 (81 FR 62629–62631), effective
that date. The revised methodology for
agencies for 2020 and each year
thereafter provides for the improvement
of the effectiveness of CMPs and to
maintain their deterrent effect. The
Department of Defense is adjusting the
level of all civil monetary penalties
under its jurisdiction by the Office of
Management and Budget (OMB)
directed cost-of-living adjustment
multiplier for 2020 of 1.01764
prescribed in OMB Memorandum M–
20–05, ‘‘Implementation of Penalty
Inflation Adjustments for 2020,
Pursuant to the Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015,’’ dated December 16, 2019.
The Department of Defense’s 2020
adjustments for inflation to CMPs apply
only to those CMPs, including those
whose associated violation predated
such adjustment, which are assessed by
the Department of Defense after the
effective date of the new CMP level.
Statement of Authority and Costs and
Benefits
Pursuant to 5 U.S.C. 553(b)B, there is
good cause to issue this rule without
prior public notice or opportunity for
public comment because it would be
VerDate Sep<11>2014
17:52 Mar 05, 2020
Jkt 250001
impracticable and unnecessary. The
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (Section 701(b)) requires agencies,
effective 2017, to make annual
adjustments for inflation to CMPs
notwithstanding section 553 of title 5,
United States Code. Additionally, the
methodology used, effective 2017, for
adjusting CMPs for inflation is
established in statute, with no
discretion provided to agencies
regarding the substance of the
adjustments for inflation to CMPs. The
Department of Defense is charged only
with performing ministerial
computations to determine the dollar
amount of adjustments for inflation to
CMPs.
Further, there are no significant costs
associated with the regulatory revisions
that would impose any mandates on the
Department of Defense, Federal, State or
local governments, or the private sector.
Accordingly, prior public notice and an
opportunity for public comment are not
required for this rule. The benefit of this
rule is the Department of Defense
anticipates that civil monetary penalty
collections may increase in the future
due to new penalty authorities and
other changes in this rule. However, it
is difficult to accurately predict the
extent of any increase, if any, due to a
variety of factors, such as budget and
staff resources, the number and quality
of civil penalty referrals or leads, and
the length of time needed to investigate
and resolve a case.
Regulatory Procedures
Executive Order 12866, ‘‘Regulatory
Planning and Review’’ and Executive
Order 13563, ‘‘Improving Regulation
and Regulatory Review’’
Executive Orders 13563 and 12866
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distribute impacts, and equity).
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule is not a ‘‘significant
regulatory action,’’ and was not
reviewed by the Office of Management
and Budget.
PO 00000
Executive Order 13771, ‘‘Reducing
Regulation and Controlling Regulatory
Costs’’
This final rule is not an E.O. 13771
regulatory action because this rule is not
significant under E.O. 12866.
Unfunded Mandates Reform Act (2
U.S.C. Chapter 25)
Section 202 of the Unfunded
Mandates Reform Act of 1995 (UMRA)
(2 U.S.C. 1532) requires agencies to
assess anticipated costs and benefits
before issuing any rule the mandates of
which require spending in any year of
$100 million in 1995 dollars, updated
annually for inflation. In 2016, that
threshold is approximately $146
million. This rule will not mandate any
requirements for State, local, or tribal
governments, nor will it affect private
sector costs.
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (5 U.S.C. Chapter 6)
Because notice of proposed
rulemaking and opportunity for
comment are not required pursuant to 5
U.S.C. 553, or any other law, the
analytical requirements of the
Regulatory Flexibility Act (5 U.S.C. 601,
et seq.) are inapplicable. Therefore, a
regulatory flexibility analysis is not
required and has not been prepared.
Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
The Department of Defense
determined that provisions of the
Paperwork Reduction Act of 1995,
Public Law 104–13, 44 U.S.C. Chapter
35, and its implementing regulations, 5
CFR part 1320, do not apply to this rule
because there are no new or revised
recordkeeping or reporting
requirements.
Executive Order 13132, ‘‘Federalism’’
Executive Order 13132 establishes
certain requirements that an agency
must meet when it promulgates a rule
that imposes substantial direct
requirement costs on State and local
governments, preempts State law, or
otherwise has Federalism implications.
This final rule will not have a
substantial effect on State and local
governments.
List of Subjects in 32 CFR Part 269
Administrative practice and
procedure, Penalties.
Accordingly, 32 CFR part 269 is
amended as follows.
PART 269—[AMENDED]
1. The authority citation for 32 CFR
part 269 continues to read as follows:
■
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Fmt 4700
Sfmt 4700
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06MRR1
Federal Register / Vol. 85, No. 45 / Friday, March 6, 2020 / Rules and Regulations
Authority: 28 U.S.C. 2461 note.
§ 269.4 Cost of living adjustments of civil
monetary penalties.
2. In § 269.4, revise paragraph (d) to
read as follows:
■
*
*
*
*
*
13049
(d) Inflation adjustment. Maximum
civil monetary penalties within the
jurisdiction of the Department are
adjusted for inflation as follows:
TABLE 1 TO PARAGRAPH (d)
United States code
Civil monetary penalty description
National Defense Authorization Act for FY 2005, 10
U.S.C 113, note.
10 U.S.C. 1094(c)(1) ....................................................
10 U.S.C. 1102(k) .........................................................
Unauthorized Activities Directed at or Possession of
Sunken Military Craft.
Unlawful Provision of Health Care ...............................
Wrongful Disclosure—Medical Records:
First Offense ..........................................................
Subsequent Offense ..............................................
Violation of the Pentagon Reservation Operation and
Parking of Motor Vehicles Rules and Regulations.
Violation Involving False Claim ....................................
Violation Involving False Statement .............................
10 U.S.C. 2674(c)(2) ....................................................
31 U.S.C. 3802(a)(1) ....................................................
31 U.S.C. 3802(a)(2) ....................................................
Dated: February 21, 2020.
Morgan E. Park,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
You may submit comments
identified by docket number USCG–
2019–0686 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
rulemaking, call or email Lieutenant
Commander Pedro Mendoza, Sector San
Juan Prevention Department, Waterways
Management Division, U.S. Coast
Guard; telephone 787–729–2374, email
Pedro.L.Mendoza@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
[FR Doc. 2020–03858 Filed 3–5–20; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0686]
RIN 1625–AA00
Safety Zone; San Juan Harbor, San
Juan, PR
I. Table of Abbreviations
Coast Guard, DHS.
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is extending
the duration of a temporary safety zone
for all navigable waters within an area
of one half mile around each Liquefied
Gas carrier entering and departing San
Juan Harbor and a 50-yard radius
around each vessel when moored at the
Puma Energy dock, Catan˜o Oil dock, or
Wharf B. This safety zone is needed to
protect personnel, transiting vessels,
and Liquefied Gas carriers. Entry of
vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
San Juan or his designated
representative.
DATES: This rule is effective without
actual notice from March 6, 2020
through April 30, 2020. For the
purposes of enforcement, actual notice
will be used from February 29, 2020
through March 6, 2020.
SUMMARY:
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Maximum
penalty
amount as
of 01/15/19
VerDate Sep<11>2014
17:52 Mar 05, 2020
Jkt 250001
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
LNG Liquefied Natural Gas
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for issuing this
temporary final rule because it
PO 00000
Frm 00065
Fmt 4700
Sfmt 4700
New
adjusted
maximum
penalty
amount
132,470
134,807
11,632
11,837
6,878
45,854
1,895
6,999
46,663
1,928
11,463
11,463
11,665
11,665
continues to be necessary to safeguard
incoming, moored, and outgoing LNG
carriers within San Juan Harbor, San
Juan, Puerto Rico. This rule extends the
duration of the existing temporary safety
zone on navigable waters within one
half mile around each Liquefied Gas
carrier entering and departing San Juan
Harbor and a 50-yard radius around
each vessel when moored. This
extension is necessary while we
complete the rulemaking process for the
associated NPRM,1 which proposes to
permanently revise the existing
regulation in § 165.754 to add LNG
carriers is ongoing. The first temporary
rule was effective from September 13,
2019 until 11:59 p.m. on November 15,
2019. The second temporary rule
extended the duration of the safety zone
and is set to expire at 11:59 p.m. on
February 28, 2020. This action extends
the duration of the safety zone until
11:59 p.m. on April 30, 2020. This
action allows for time to complete the
rulemaking process for the associated
NPRM. Therefore, it is impracticable
and contrary to the public interest for
the existing temporary safety zone to
lapse.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register for the same reasons discussed
above.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034.
Potential hazards associated with LNG
carriers continues to be a safety concern
1 See NPRM entitled, ‘‘Safety Zone; San Juan
Harbor, San Juan, PR, which published on
December 17, 2019 (84 FR 68860).
E:\FR\FM\06MRR1.SGM
06MRR1
]]>Agencies
[Federal Register Volume 85, Number 45 (Friday, March 6, 2020)]
[Rules and Regulations]
[Pages 13047-13049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03858]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 269
[Docket ID: DOD-2016-OS-0045]
RIN 0790-AK88
Civil Monetary Penalty Inflation Adjustment
AGENCY: Office of the Under Secretary of Defense (Comptroller),
Department of Defense.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Defense is issuing this final rule to adjust
each of its statutory civil monetary penalties (CMP) to account for
inflation. The Federal Civil Penalties Inflation Adjustment Act of
1990, as amended by the Debt Collection Improvement Act of 1996 and the
Federal Civil Penalties Inflation Adjustment Act Improvements Act of
2015 (the 2015 Act), requires the head of each agency to adjust for
inflation its CMP levels in effect as of November 2, 2015, under a
revised methodology that was effective for 2016 and for each year
thereafter.
DATES: This rule is effective March 6, 2020.
FOR FURTHER INFORMATION CONTACT: Kellie Allison, 703-614-0410.
SUPPLEMENTARY INFORMATION:
Background Information
The Federal Civil Penalties Inflation Adjustment Act of 1990,
Public Law 101-410, 104 Stat. 890 (28 U.S.C. 2461, note), as amended by
the Debt
[[Page 13048]]
Collection Improvement Act of 1996, Public Law 104-134, April 26, 1996,
and further amended by the Federal Civil Penalties Inflation Adjustment
Act Improvements Act of 2015 (the 2015 Act), Public Law 114-74,
November 2, 2015, required agencies to annually adjust the level of
CMPs for inflation to improve their effectiveness and maintain their
deterrent effect. The 2015 Act required that not later than July 1,
2016, and not later than January 15 of every year thereafter, the head
of each agency must adjust each CMP within its jurisdiction by the
inflation adjustment described in the 2015 Act. The inflation
adjustment is determined by increasing the maximum CMP or the range of
minimum and maximum CMPs, as applicable, for each CMP by the cost-of-
living adjustment, rounded to the nearest multiple of $1. The cost-of-
living adjustment is the percentage (if any) for each CMP by which the
Consumer Price Index (CPI) for the month of October preceding the date
of the adjustment, exceeds the CPI for the month of October in the
previous calendar year.
The initial catch up adjustments for inflation to the Department of
Defense's CMPs were published as an interim final rule in the Federal
Register on May 26, 2016 (81 FR 33389-33391) and became effective on
that date. The interim final rule was published as a final rule without
change on September 12, 2016 (81 FR 62629-62631), effective that date.
The revised methodology for agencies for 2020 and each year thereafter
provides for the improvement of the effectiveness of CMPs and to
maintain their deterrent effect. The Department of Defense is adjusting
the level of all civil monetary penalties under its jurisdiction by the
Office of Management and Budget (OMB) directed cost-of-living
adjustment multiplier for 2020 of 1.01764 prescribed in OMB Memorandum
M-20-05, ``Implementation of Penalty Inflation Adjustments for 2020,
Pursuant to the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015,'' dated December 16, 2019. The Department of
Defense's 2020 adjustments for inflation to CMPs apply only to those
CMPs, including those whose associated violation predated such
adjustment, which are assessed by the Department of Defense after the
effective date of the new CMP level.
Statement of Authority and Costs and Benefits
Pursuant to 5 U.S.C. 553(b)B, there is good cause to issue this
rule without prior public notice or opportunity for public comment
because it would be impracticable and unnecessary. The Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015 (Section
701(b)) requires agencies, effective 2017, to make annual adjustments
for inflation to CMPs notwithstanding section 553 of title 5, United
States Code. Additionally, the methodology used, effective 2017, for
adjusting CMPs for inflation is established in statute, with no
discretion provided to agencies regarding the substance of the
adjustments for inflation to CMPs. The Department of Defense is charged
only with performing ministerial computations to determine the dollar
amount of adjustments for inflation to CMPs.
Further, there are no significant costs associated with the
regulatory revisions that would impose any mandates on the Department
of Defense, Federal, State or local governments, or the private sector.
Accordingly, prior public notice and an opportunity for public comment
are not required for this rule. The benefit of this rule is the
Department of Defense anticipates that civil monetary penalty
collections may increase in the future due to new penalty authorities
and other changes in this rule. However, it is difficult to accurately
predict the extent of any increase, if any, due to a variety of
factors, such as budget and staff resources, the number and quality of
civil penalty referrals or leads, and the length of time needed to
investigate and resolve a case.
Regulatory Procedures
Executive Order 12866, ``Regulatory Planning and Review'' and Executive
Order 13563, ``Improving Regulation and Regulatory Review''
Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distribute impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule is not a ``significant regulatory action,'' and
was not reviewed by the Office of Management and Budget.
Executive Order 13771, ``Reducing Regulation and Controlling Regulatory
Costs''
This final rule is not an E.O. 13771 regulatory action because this
rule is not significant under E.O. 12866.
Unfunded Mandates Reform Act (2 U.S.C. Chapter 25)
Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) (2
U.S.C. 1532) requires agencies to assess anticipated costs and benefits
before issuing any rule the mandates of which require spending in any
year of $100 million in 1995 dollars, updated annually for inflation.
In 2016, that threshold is approximately $146 million. This rule will
not mandate any requirements for State, local, or tribal governments,
nor will it affect private sector costs.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. Chapter 6)
Because notice of proposed rulemaking and opportunity for comment
are not required pursuant to 5 U.S.C. 553, or any other law, the
analytical requirements of the Regulatory Flexibility Act (5 U.S.C.
601, et seq.) are inapplicable. Therefore, a regulatory flexibility
analysis is not required and has not been prepared.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
The Department of Defense determined that provisions of the
Paperwork Reduction Act of 1995, Public Law 104-13, 44 U.S.C. Chapter
35, and its implementing regulations, 5 CFR part 1320, do not apply to
this rule because there are no new or revised recordkeeping or
reporting requirements.
Executive Order 13132, ``Federalism''
Executive Order 13132 establishes certain requirements that an
agency must meet when it promulgates a rule that imposes substantial
direct requirement costs on State and local governments, preempts State
law, or otherwise has Federalism implications. This final rule will not
have a substantial effect on State and local governments.
List of Subjects in 32 CFR Part 269
Administrative practice and procedure, Penalties.
Accordingly, 32 CFR part 269 is amended as follows.
PART 269--[AMENDED]
0
1. The authority citation for 32 CFR part 269 continues to read as
follows:
[[Page 13049]]
Authority: 28 U.S.C. 2461 note.
0
2. In Sec. 269.4, revise paragraph (d) to read as follows:
Sec. 269.4 Cost of living adjustments of civil monetary penalties.
* * * * *
(d) Inflation adjustment. Maximum civil monetary penalties within
the jurisdiction of the Department are adjusted for inflation as
follows:
Table 1 to paragraph (d)
----------------------------------------------------------------------------------------------------------------
Maximum New adjusted
Civil monetary penalty penalty maximum
United States code description amount as of penalty
01/15/19 amount
----------------------------------------------------------------------------------------------------------------
National Defense Authorization Act for FY Unauthorized Activities Directed 132,470 134,807
2005, 10 U.S.C 113, note. at or Possession of Sunken
Military Craft.
10 U.S.C. 1094(c)(1).......................... Unlawful Provision of Health 11,632 11,837
Care.
10 U.S.C. 1102(k)............................. Wrongful Disclosure--Medical
Records:
First Offense................ 6,878 6,999
Subsequent Offense........... 45,854 46,663
10 U.S.C. 2674(c)(2).......................... Violation of the Pentagon 1,895 1,928
Reservation Operation and
Parking of Motor Vehicles Rules
and Regulations.
31 U.S.C. 3802(a)(1).......................... Violation Involving False Claim. 11,463 11,665
31 U.S.C. 3802(a)(2).......................... Violation Involving False 11,463 11,665
Statement.
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Dated: February 21, 2020.
Morgan E. Park,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2020-03858 Filed 3-5-20; 8:45 am]
BILLING CODE 5001-06-P
